DR. SUSHILA SAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved of rejection of her claim for arrears of salary for the period between Sept., 1995 to July 2008, the petitioner seeks quashing of order contained in communication dated 19.07.2003.

(2.) Heard.

(3.) The petitioner was appointed as Lecturer in Karam Chand Bhagat College, Bero on 18.07.1985. After about 10 years, the State government terminated service of teaching and nonteaching employees in various constituent colleges, challenging which C.W.J.C. No. 4021 of 1995 was filed by Bihar Rajya Mahavidyalaya Shikshak Evam Shikshkettar Karmchari Kalyan Mahasangh. On 21.06.1995, the High Court passed an order of "status quo", however, the petitioner was terminated from service on 04.09.1995. The aforesaid writ petition was allowed and the order of the State government was quashed on 31.01.1997. Petitioner's name was found in the provisional list approved by the State government vide letter dated 18.12.1989, against the recommended post. The Three Men Screening Committee also found petitioner validly appointed and Syndicate of the University in compliance of order passed in C.W.J.C. No. 4021 of 1995 recommended that the petitioner shall be reinstated from the date of termination. Accordingly, Notification dated 04.10.1998 was issued for her reinstatement in service, however, she was held not entitled for arrears of salary and the period of absence from duty was treated as extraordinary leave without pay. The petitioner, claiming salary for the period between 04.09.1995 to 04.10.1998, approached this Court in W.P.(S) No. 3722 of 2001. The writ petition was disposed of on 16.08.2001, directing the Vice Chancellor, Ranchi University to determine her claim and pass a reasoned order. When, in spite of several representations order passed in W.P.(S) No. 3722 of 2001 was not complied, the petitioner filed Contempt Case (Civil) No. 503 of 2002. Thereafter, the petitioner's claim for payment of back wages for the period between 04.09.1995 to 04.10.1998 was rejected vide order dated 19.07.2003.